SPEAR WILDERMAN, P.C. BY: SAMUEL L. SPEAR, ESQUIRE sspear@spearwilderman.com Attorney ILD. No, 30370 JAMES F. FRUNKEL, ESQUIRE frunkel@spearwilderman.com ‘Attomey LD. No. 46498 230 South Broad Street ~ 14th Floor Philadelphia, PA 19102 (215) 732-0101 FRANK POPER 195 Bergen Avenue West Deptford, New Jersey 08086 AND DEXTER WELDON 3224 Glenview Street Philadelphia, Pennsylvania 19149 AND PHILIP A. DiMAIO, JR. 689 N, Bishop Avenue Springfield, Pennsylvania 19064 AND JEROME EDWARDS, 206 2nd Street Walk Camden, New Jersey 08103 AND CHINITA LANE 4445 Holden Street Philadelphia, Pennsylvania 19104 AND Attomeys for Plaintiffs COURT OF COMMON PLEAS. PHILADELPHIA COUNTY SEPTEMBER TERM 2015 NO.KIM Y. COOPER 2704 Brown Street Philadelphia, Pennsylvania 19130 AND MARION GWADERA 1126 Passmore Street Philadelphia, Pennsylvania 19111 AND ELLSWORTH CROPPER 1117 S, 60th Street Philadelphia, Pennsylvania 19143, PLAINTIFFS vs. CBRE GLOBAL INVESTORS 50 S. 16" Street, Suite 300 Philadelphia, Pennsylvania 19102 AND GREYSTAR REAL ESTATE PARTNERS 2116 Chestnut Street Philadelphia, Pennsylvania 19102, DEFENDANTS, COMPLAIN ENFORCEMENT OF THE PHILADELPHIA PROTECTION OF DISPLACED CONTRACT WORKERS ORDINANCE, INTRODUCTION 1). The City of Philadelphia’s Protection of Displaced Contract Workers Ordinance, codified as Chapter 9-2300 of Title 9 of the Philadelphia Code, requires contractors that perform certain services -- including, as here, janitorial and building maintenance services within the Cityof Philadelphia -- to retain non-supervisory employees of the previous contractor for a 90-day transition employment period during which the employees may not be terminated except for cause, 2). Plaintiffs are eight service contract employees who were fired when a new owner, bringing with it a new building services contractor, bought the residential apartment building in which they had worked for a number of years, 2116 Chestnut Street, in Philadelphia, and failed to provide them with any (much less 90-days") employment. They bring this action to enforce job-related protections guaranteed by this Ordinance, a copy of which is attached as Exhibit A. They request that this Court direct Defendant Greystar Real Estate Partners (“Defendant Greystar”), the building service contractor at 2116 Chestnut Street, and Defendant CBRE Global Investors (“Defendant CBRE”), the awarding authority at the Building: (1) to restore Plaintiffs to employment at the Building; (2) to pay to Plaintiffs the wages and benefits they lost for each day that Defendants, after becoming the employers at the Building, refused to employ them; and (3) to pay Plaintiffs other monetary penalties and counsel fees as provided by the Ordinance, They further request that this Court find that Defendant CBRE violated the law by failing to provide the identity and contact information of Defendant Greystar to Plaintifis’ collective bargaining representative, Service Employees International Union Local 32BJ (“the Union” or “Local 32BJ") or to Plaintiffs’ previous service contract employers, Able Building Maintenance or Admiral Security, all as required by the Ordinance. PARTIES 3). Plaintiff Frank Poper is an adult individual residing at 195 Bergen Avenue, West Deptford, New Jersey 08086, and was employed by the prior service contractor, AbleEngineering Services and/or Able Building Maintenance, at 2116 Chestnut Street, Philadelphia, Pennsylvania, as a maintenance engineer, having been hired on June 26, 2013. 4). Plaintiff Dexter Weldon is an adult individual residing at 3224 Glenview Street, Philadelphia, Pennsylvania 19149, and was employed by the prior service contractor, Able Engineering Services and or Able Building Maintenance, at 2116 Chestnut Street, Philadelphia Pennsylvania as a day porter, having been hired on August 11, 2013. 5). Plaintiff Philip A. DiMaio, Jr. is an adult individual residing at 689 N. Bishop Avenue, Springfield, Pennsylvania 19064, and was employed by the prior service contractor, Able Engineering Services and/or Able Building Maintenance, at 2116 Chestnut Street, Philadelphia, Pennsylvania as a day porter, having been hired on June 24, 2013. 6). Plaintiff Jerome Edwards is an adult individual residing at 206 2nd Street Walk, Camden, New Jersey 08103, and was employed by the prior service contractor, Able Engincering Services and/or Able Building Maintenance, at 2116 Chestnut Street, Philadelphia, Pennsylvania as a day porter, having been hired on June 24, 2013, 7). Plaintiff Chinita Lane is an adult individual residing at 4445 Holden Street, Philadelphia, Pennsylvania 19104, and was employed by the prior service contractor Admiral Security, at 2116 Chestnut Street, Philadelphia, Pennsylvania as a security officer, having been hired on June 24, 2013. 8). Plaintiff Kim Y. Cooper is an adult individual residing at 2704 Brown Street, Philadelphia, Pennsylvania 19130, and was employed by the prior service contractor, Admiral Security, at 2116 Chestnut Street, Philadelphia, Pennsylvania as a security lead employee, having been hired in August 2014,9). Plaintiff Marion Gwadera is an adult individual residing at 1126 Passmore Street, Philadelphia, Pennsylvania 19111, and was employed by the prior service contractor, Able Engineering Services and/or Able Building Maintenance, at 2116 Chestnut Street, Philadelphia, Pennsylvania in the Housekeeping Department, having been hired on June 17, 2013. 10). Plaintiff Ellsworth Cropper is an adult individual residing at 1117 S. 60" Street, Philadelphia, Pennsylvania 19143, and was employed by the prior service contractor Admiral Security, at 2116 Chestnut Street, Philadelphia, Pennsylvania as a security employee, having been hired on June 17, 2013. 11). Defendant CBRE is, upon information and belief, organized under the laws of the Delaware and has offices and does business at 50 South 16" Street, Suite 300, Philadelphia, Pennsylvania 19102. 12). Defendant CBRE is an “awarding authority” within the meaning of Section 9- 2301(1) in that it is an owner of the residential building located at 2116 Chestnut Street, Philadelphia, Pennsylvania 19103, that awarded or otherwise entered into a contract for security, janitorial and/or building maintenance services and is party to a “successorship service contract” with Defendant Greystar within the meaning of Section 9-2301(6) of the Ordinance. 13). Defendant Greystar is, upon information and belief, organized under the laws of the state of South Carolina and has an office and docs business at 2116 Chestnut Street, Philadelphia, Pennsylvania 19103. 14), Greystar is a “contractor” within the meaning of Section 9-2301(2) of the Ordinance and is party to a “successorship service contract” with Defendant CBRE within the meaning of Section 9-2301(6) of the Ordinance,BACKGROUND ~ STANDING UNDER THE ORDINANCI 15). Each individual Plaintiff was employed by one or both of two prior service contractors, Able Engineering Services and/or Able Building Maintenance, or Admiral Security, at 2116 Chestnut Street, Philadelphia, Pennsylvania 19103 (2116 Chestnut”) for at least eight (8) months. 16). During their respective periods of employment with Able and/or Admiral, none of the individual Plaintifi’s was deemed a managerial, supervisory, or confidential employee. 17). During their respective periods of employment with Able and/or Admiral, each individual Plaintiff worked at least fifteen hours per week. In fact, each Plaintiff was employed full-time, working approximately forty hours per week. 18). Defendant Greystar is a contractor within the meaning of Section 9-2301 of the Ordinance as it employs at least ten or more persons, and has entered into a service contract with an awarding authority, Defendant CBRE, to provide security, janitorial and/or building ‘maintenance services at 2116 Chestnut. 19). The security, janitorial and/or building maintenance services performed by Defendant Greystar at 2116 Chestnut pursuant to its -ontract with Defendant CBRE, are view substantially the same services previously rendered to prior awarding authorities at 2116 Chestnut under service contracts which have recently been terminated or have ended within the previous 90 days 20). Defendant CBRE is an awarding authority within the meaning of Section 9-2301 of the Ordinance as it is the owner of a residential building in the City of Philadelphia ~ 2116 Chestnut — that awarded or otherwise entered into a contract for security, janitorial and/or building maintenance services.21). Further, Defendant CBRE is party to a “successorship service contract” within the meaning of Section 9-2301(6) of the Ordinance as it has entered into a service contract with Defendant Greystar for the performance of security, janitorial and/or building maintenance services, which are substantially the same services previously rendered to prior awarding authorities at 2116 Chestnut under earlier service contracts which have recently been terminated or have ended within the previous 90 days. 22), 2116 Chestnut is a residential apartment building located in Philadelphia, Pennsylvania, which was previously jointly owned by The John Buck Company and the Indure Fund (collectively “Prior Owners”) until about July 31, 2015, when it was sold to Defendant CBRE, 23). From on or about June 1, 2013, until on or about July 31, 2015, contractor Able Engineering Services and/or Able Maintenance (“Able”) had a “service contract” with the Prior Owners within the meaning of Section 9-2301(5) of the Ordinance to provide building ‘maintenance to 2116 Chestnut. 24), While performing under its service contract, Able employed Plaintiffs Poper, Weldon, DiMaio, Gwadera and Edwards at 2116 Chestnut from about June 1, 2013, until July 31, 2015. 25). From on or about June 1, 2013, until on or about July 31, 2015, Admiral Security (“Admiral”) had a “service contract” with the Prior Owners within the meaning of Section 9- 2301(5) of the Ordinance to provide security services to 2116 Chestnut, 26). While performing under its service contract, Admiral employed Plaintiff Lane, Cropper and Cooper at 2116 Chestnut from about June 1, 2013, until July 31, 2015.27). The Prior Owners were an “awarding authority” within the meaning of Section 9- 2301(1) of the Ordinance as they awarded a contract for building maintenance services to Able, and a contract for security services to Admiral at 2116 Chestnut for at least the period of about June 1, 2013, until July 31, 2015. 28). Throughout the period June 1, 2013 through July 31, 2015, Service Employees Intemational Union, Local 32BY (“Local 32BJ”) was the collective bargaining representative of the Plaintiffs, and during that period was party to collective bargaining agreements with Able and Admiral, ting forth the terms and conditions of employment applicable to Plaintiffs at 2116 Chestnut. 29). While employed at 2116 Chestnut, Plaintiff Poper earned wages at the rate of $29.15 per hour. 30). While employed at 2116 Chestnut, Plaintiffs Weldon, DiMaio and Edwards each earned wages at the rate of $16.44 per hour. 31). While employed at 2116 Chestnut, Plaintiffs Lane and Cropper earned wages at the rate of $14.84 per hour. 32). While employed at 2116 Chestnut, Plaintiff Cooper eamed wages at the rate of $17.50 per hour. 33). While employed at 2116 Chestnut, Plaintiff’ Gwadera eared wages at the rate of $20.14 per hour. 34), All Plaintiff’, except for Plaintiff Cooper, received full family health coverage and participated in a defined benefit pension plan pursuant to the collective bargaining agreements between Able and Local 32BJ and/or Admiral and Local 32BJ.35). Afier acquiring 2116 Chestnut from the Prior Owners, Defendant CBRE entered into a “successor service contract” within the meaning of Section 9-2301(6) of the Ordinance with Defendant Greystar for the provision of building maintenance and security services to 2116 Chestnut, effective on or about July 31, 2015. 36). Pursuant to its contract with Defendant CBRE, Defendant Greystar performs substantially the same services that Able and Admiral previously performed for the Prior Owners at 2116 Chestnut pursuant to service contracts that have been terminated or ended within the last 90 days. 37). Defendant CBRE has failed to provide Local 32BJ or Plaintiffs the name, telephone number, or address of Defendant Greystar. 38). Defendant Greystar has refused to provide Plaintiffs a written employment offer. 39). Defendant Greystar has refused to retain Plaintiffs for a 90-day (or any) transition period. FIRST CAUSE OF ACTION -- AGAINST DEFENDANT CBRE 40). Plaintiffs repeat and re-allege the allegations in $f 1-39 as if fully set forth, 41). Plaintiffs are “employees” covered by the Ordinance and were employed at 2116 Chestnut by the predecessor contractors — Able and Admiral — for at least eight months immediately preceding July 31, 2015. 42), Defendant CBRE is an “awarding authority” within the meaning of Section 9- 2301(1) of the Ordinance. 43), Defendant CBRE was required by Section 9-2302(1) of the Ordinance to provide Local 32BJ and Plaintiffs the name, telephone number, or address of Defendant Gr44). Defendant CBRE knowingly refused to provide Local 32B) or Plaintiffs the name, telephone number, or address of Greystar. 45). As a result of Defendant CBRE’s violations of the Ordinance, Plaintifis have suffered loss of employment, wages and benefits, and have been deprived of their rights under the Ordinance. WHEREFORE, Plaintiffs respectfully pray that this Honorable Court: A. Find Defendant CBRE liable to each Plaintiff for lost wages and the value of benefits, and declare that Defendant CBRE pay each Plaintiff a portion of lost wages and value of benefits from August 1, 2015, until Plaintiffs are restored employment at the Building, as required by Sections 9-2302(4) and 9-2303(1)(b) of the Ordinance; B. Award Plaintiffs costs and attorneys’ fees as required by Section 9- 2303(2) of the Ordinance; C. Find Defendant CBRE jointly and severally liable with Greystar to each Plaintiff for lost wages and value of benefits, and order Defendant to pay each Plaintiff his or her lost wages and value of benefits from August 1, 2015, until the date Defendant Greystar offers Plaintiffs employment at 2116 Chestnut, as required by Section 9-2303(1)(a) of the Ordinance; D. Find Defendant CBRE jointly and severally liable with Greystar to each Plaintiff for a penalty in the amount of $100 per day and order Defendant to pay a proportionate share to each Plaintiff of $100 per day from August 1, 2015, until Defendant Greystar reinstates Plaintiffs to employment at 2116 C! stnuul, as required by Section 9-2303(5) of the Ordinance; BE. Order Defendant CBRE to pay prejudgment interest on all the foregoing amounts; andAward Plaintiffs such other and further relief as this Court deems just and proper. SECOND CAUSE OF ACTION -- AGAINST DEFENDANT GREYSTAR 46). Plaintiffs repeat and re-allege the allegations in {1-45 as if fully set forth. 47). Defendant Greystar is a “contractor” within the meaning of Chapter 9-2301(2) of the Ordinance and is party to a “successorship service contract” with CBRE within the meaning of Section 9-2301(6) of the Ordinance. 48). Defendant Greystar was required by Section 9-2302(4) of the Ordinance to provide Plaintiffs a written employment offer for work at 2116 Chestnut and to retain Plaintiffs in employment at 2116 Chestnut if desired by Plaintiffs, for at least a ninety day transition period commencing on or about July 31, 2015 49), Defendant Greystar failed to provide Plaintiffs a written employment offer for work at 2116 Chestnut and to retain Plaintiffs in employment at 2116 Chestnut if desired by Plaintiffs, as required by Section 9-2302(4) of the Ordinance. 50). The actions of Defendant Greystar set forth above were in knowing violation of the Ordinance. 51). As a result of Defendant Greystar’s violations of the Act, Plaintiffs have suffered Joss of employment and wages and benefits, and have been deprived of their rights under the Ordinance. WHEREFORE, Plaintiffs respectfully pray that this Honorable Court: A. Direct Defendant Greystar to offer employment to Plaintiffs for at least a 90-day transition period at no less than the last wage rate, with benefits and hours worked per 10day, that Plaintiffs received under the previous contract, as required by Sections 9-2302(4) and 9- 2303(1)(b) of the Ordinance; B. Find Defendant Greystar jointly and severally liable with CBRE to each Ph ntiff for lost wages and value of benefits, and order Defendants to pay each Plaintiff his/her lost wages and value of benefits from August 1, 2015, until the date Defendant Greystar offers Plaintiffs employment at 2116 Chestnut, as required by Section 9-2303(1)(a) of the Ordinanes C. Find Defendant Greystar jointly and severally liable with CBRE to each Plaintiff for a penalty in the amount of $100 per day and order Defendants to pay a proportionate share to each Plaintiff of $100 per day from August 1, 2015, until reinstated to 2116 Chestnut, as required by Section 9-2303(1)(5) of the Ordinance; D. Award Plaintiffs costs and attomeys’ fees as required by Section 9- 2303(2) of the Ordinance; E. Order Defendant Greystar to pay prejudgment interest on all the foregoing amounts; and F. Award Plaintiffs such other and further relie! this Court deems just and proper. SPE: BY: SAMUEL L. Attorney ILD/Xo, 30370 JAMES F. RUNCKEL Attorney LD. No, 46498 230 S. Broad Street, Suite 1400 Philadelphia, Pennsylvania 19102 (215) 732-0101 DATED: September 4, 2015 Attorneys for Plaintiffs u